§ 1036 — Service of summons

New York § 1036

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 3: Preliminary Procedure
• Art. 10: Child Protective Proceedings

Text

§ 1036. Service of summons. (a) Except as provided for in subdivision\n(c) of this section, in cases involving abuse, the petition and summons\nshall be served within two court days after their issuance. If they\ncannot be served within that time, such fact shall be reported to the\ncourt with the reasons thereof within three court days after their\nissuance and the court shall thereafter issue a warrant in accordance\nwith the provisions of section one thousand thirty-seven. The court\nshall also, unless dispensed with for good cause shown, direct that the\nchild be brought before the court. Issuance of a warrant shall not be\nrequired where process is sent without the state as provided for in\nsubdivision (c) of this section.\n (b) Service of a summons and petition shall be made by delivery of a\ntrue copy thereof to the person summoned at least twenty-four hours\nbefore the time stated therein for appearance.\n (c) In cases involving either abuse or neglect, the court may send\nprocess without the state in the same manner and with the same effect as\nprocess sent within the state in the exercise of personal jurisdiction\nover any person subject to the jurisdiction of the court under section\nthree hundred one or three hundred two of the civil practice law and\nrules, notwithstanding that such person is not a resident or domiciliary\nof the state, where the allegedly abused or neglected child resides or\nis domiciled within the state and the alleged abuse or neglect occurred\nwithin the state. In cases involving abuse where service of a petition\nand summons upon a non-resident or non-domiciliary respondent is\nrequired, such service shall be made within ten days after its issuance.\nIf service can not be effected in ten days, an extension of the period\nto effect service may be granted by the court for good cause shown upon\napplication of any party or the child's attorney. Where service is\neffected on an out of state respondent and the respondent defaults by\nfailing to appear to answer the petition, the court may on its own\nmotion, or upon application of any party or the child's attorney proceed\nto a fact finding hearing thereon.\n (d) If after reasonable effort, personal service is not made, the\ncourt may at any stage in the proceedings make an order providing for\nsubstituted service in the manner provided for substituted service in\ncivil process in courts of record.\n